We appreciate your choice to utilise KiteLens ("KiteLens", "we", "us", "our"). By registering, or by using any part of the KiteLens services, websites, and applications (collectively known as the "KiteLens Service" or "Service"), or by accessing any content or materials provided through the Service (referred to as the "Content"), you are forming a binding agreement with the KiteLens entity specified at the end of this document.
The KiteLens Service offers social and interactive features, along with opportunities for buying and selling, and necessitates the acceptance of all Terms, including payment terms.
Your commitment to us encompasses these Terms and Conditions of Use ("Terms") and our privacy policy. Together with any additional terms to which you consent, these are collectively referred to as the "Agreements." You can review the current versions of the Agreements on the KiteLens website. By acknowledging and accepting these Agreements, you confirm your understanding and agreement to adhere to them. If you do not accept or cannot comply with the Agreements, you are not permitted to use the KiteLens Service or access any Content.
We encourage you to read the Agreements carefully as they contain important information about the services provided by KiteLens to you, including any charges, taxes, and fees we may bill you for. The Agreements also detail information about future changes to the agreements, automatic renewals, limitations of liability, privacy details, copyrights, and class action waiver.
Should you need to update any information provided during sign-up, you can do that at any time from the “My Profile” section. To access and use the KiteLens Service and its Content, you must: (1) be at least 18 years old to purchase services or images, or at least 13 years old and have the consent of your parent or guardian; (2) have the legal capacity to form a binding contract with us and not be prohibited from doing so under any applicable laws; and (3) reside in a country where the Service is available. Additionally, you must ensure that all registration information you provide is accurate, true, and complete, and maintain it as such.
We reserve the right to make changes to the Agreements at our discretion. When significant changes are made, we will notify you in an appropriate manner, such as by displaying a prominent notice within the Service or by sending you an email. We may also notify you in advance. Your continued use of the Service following these changes will signify your acceptance of the new terms. If you choose not to continue using the Service under the revised Agreements, you can terminate the Agreements by contacting us at [email protected].
KiteLens offers a variety of opportunities for searching, socialising, buying, and selling focused around surf pictures along with other related content, products, and services. We provide all KiteLens services to you without any fixed charge. We will deduct a 20% fee from every purchase made via the Service; this fee will be split between Kitelens and the school tagged, if any. The split between Kitelens and the school is set as 50:50.
In order to protect our community and sellers, KiteLens does not issue any refunds.
The content and services provided by KiteLens, including all related software applications, are the property of KiteLens or its licensors. We grant you a limited, non-exclusive, and revocable licence to access and use the KiteLens Service, and a similar, revocable right to use the content personally, such as selling your images to other users. These licences will remain in effect until either you or KiteLens decides to terminate them. You agree to use the content for your personal use only and not to redistribute or transfer the KiteLens Service or the Content.
All software applications and content provided by KiteLens are licensed, not sold, to you, and we along with our licensors retain all rights even after installation on your devices such as personal computers, mobile phones, tablets, etc.
All trademarks, service marks, trade names, logos, domain names, and any other features of the KiteLens brand are the exclusive property of KiteLens or its licensors. The Agreements do not provide you any rights to use KiteLens Brand Features for commercial or non-commercial purposes.
KiteLens also operates as a marketplace that allows users to publish, search, share, buy, or sell action sport pictures for personal use in various pricing formats directly decided by the content's publisher and owner. The actual sales contract is directly between the seller and buyer, and all users acknowledge and accept that KiteLens is authorised to withhold fees as a percentage of the transaction executed between a seller and a buyer. We assure you that we host the full versions of the pictures you wish to purchase, and upon payment, you are granted immediate download privileges to use the picture in a personal and non-commercial manner.
You are expected to follow our user guidelines and not to use the KiteLens Service, the Content, or any part thereof in any way that is not expressly permitted by the Agreements. Beyond the rights explicitly granted to you, KiteLens does not transfer any right, title, or interest in the KiteLens Service or Content to you.
Third-party software, such as open-source libraries included within the KiteLens Service, are licensed to you either under these Agreements or according to the respective third-party software library's licensing terms, which are available in the help or settings sections of our desktop and mobile client or on our website.
The KiteLens service may integrate with third-party applications, websites, and services (referred to as "Third Party Applications") to provide you with access to content, products, and services. These Third Party Applications have their own terms of use and privacy policies which will govern and dictate your use of them. You acknowledge and agree that KiteLens does not endorse, nor is it responsible or liable for the behaviour, features, content, or any transactions you may engage in with these third-party providers.
User-Generated Content
Users of KiteLens can post, upload, and contribute content to the service, including pictures, text, messages, information, videos, and other types of content (collectively known as "User Content"). For clarity, User Content includes all content posted to the KiteLens community.
You agree that for any User Content you post on KiteLens, (1) you hold the necessary rights to post such User Content, and (2) the use of such User Content by KiteLens as outlined in the Agreements does not infringe on the Agreements, applicable law, or the intellectual property, publicity, personality, or other rights of any third parties, nor does it imply any endorsement or affiliation with you or your User Content by KiteLens or any individual or entity without explicit written consent.
It is strictly prohibited to publish on KiteLens any content that is violent, sexually explicit, pornographic, or related to political or religious matters, or not aligned with KiteLens's mission to host outdoor sports-related content.
KiteLens reserves the right, though it is not obligated, to monitor, review, or edit User Content. We may remove or disable access to any User Content for any reason or no reason, including User Content that may violate the Agreements, at our sole discretion, without prior notice to you or any third party. We do not guarantee the removal or disabling of access to any specific User Content.
You are solely responsible for the User Content you post. KiteLens is not responsible for User Content and does not endorse any opinions contained within it. If anyone brings a claim against KiteLens related to the User Content you post, then to the extent permitted by local law, you agree to indemnify and hold KiteLens harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
As part of the Agreements (this Term and the Payment Terms), you grant us several rights in exchange for the rights we provide you. These include: (1) permitting the KiteLens Service to utilise the processor, bandwidth, and storage hardware of your device (be it a smartphone or camera) to facilitate service operations, such as content uploads; (2) allowing us to deliver advertising and other relevant information to you; (3) enabling our business partners to do the same. The content you encounter within the KiteLens Service, including how it's selected and arranged, may be shaped by commercial influences, including our agreements with third parties.
Furthermore, we reserve the right to:
When you provide feedback, ideas, or suggestions regarding the KiteLens Service or content (collectively, "Feedback"), you acknowledge that such Feedback is not confidential. You authorise us to use this Feedback unrestrictedly and without compensation to you, treating it as a form of User Content.
You grant KiteLens a non-exclusive, transferable, sublicensable, royalty-free, perpetual (or, where not permitted, for a term that extends to the duration of the Agreements plus twenty (20) years), and irrevocable worldwide licence to use, reproduce, publicly perform or display, publish, translate, modify, create derivative works from, and distribute your User Content. This can occur in any media format and through any media channel, either alone or in conjunction with other materials. While you grant these extensive rights, you retain ownership of all your intellectual property rights in the User Content, except for the rights expressly granted here. Where applicable and allowed by law, you also waive any "moral rights" or equivalent rights, such as the right to be recognized as the author of the User Content, including Feedback, and your right to object to derogatory treatments of such User Content.
KiteLens values intellectual property rights and expects the same respect from you. To ensure an enjoyable experience for everyone on KiteLens, we have established some basic guidelines for using our Service. We ask that you follow these guidelines and encourage others to do the same.
Prohibited Actions:
The following actions are strictly prohibited under any circumstances:
You must not engage in any activity, post any User Content, or register and/or use a username, which includes material that:
Your password secures your user account, and maintaining its confidentiality and security is your responsibility. You are accountable for all activities conducted under your username and password. If your login credentials are lost or stolen, or if you suspect unauthorised access to your account, notify us immediately and change your password promptly.
If you believe that any Content violates your intellectual property rights or other rights, refer to our Copyright Policy noted at the end of this document. Should KiteLens be notified by a copyright holder that any Content infringes copyright, we may take action at our discretion without prior notice. If the content provider disputes the infringement, they may submit a counter-notification for content restoration.
By adhering to these guidelines, you help maintain a respectful and legal environment on KiteLens.
KiteLens strives to maintain the operational status of its services. Nevertheless, occasional technical issues or maintenance may cause temporary disruptions. Under applicable law, KiteLens retains the right to modify, suspend, or discontinue any part of its services at any time, with or without prior notice, and is not liable for these actions unless such liability is explicitly prohibited by law. You acknowledge and accept that KiteLens is not obligated to maintain, support, upgrade, or update the Service, nor to provide any specific content via the Service. This policy will be enforced within the limits allowed by law. Additionally, KiteLens or the owners of the content may remove any content without notice as allowed by law.
When you establish a KiteLens account for a business or professional entity (such as a surf shop, photo studio, sports club, or other branded entities), the terms "you" and "your" in the Agreements refer to both the individual creating the account and the entity represented. Opening a Schools’ Account implies that you are authorised to agree to the Agreements on behalf of the entity and to grant all permissions and licences specified in the Agreements.
For any inquiries related to account issues or payment concerns ("Customer Support Queries"), please reach out through the Customer Service form located in the Contact Us section of our website. We aim to respond promptly to all inquiries but do not guarantee response times or resolution outcomes.
The Agreements remain effective until they are terminated by either you or KiteLens. You recognize that the licence you grant concerning User Content is irrevocable and will persist beyond the termination of the Agreements. KiteLens may end the Agreements or suspend your access to its services at any time, including if there is a suspicion or confirmation of unauthorised use of the service or non-compliance with the Agreements. Upon termination by either party or suspension by KiteLens, we are not liable to you and will not issue refunds except as required by law. Detailed instructions on how to terminate your KiteLens account can be found in the Customer Service section of our website. This provision is enforceable to the full extent allowed by law. You have the right to terminate the Agreements at any time.
We strive to deliver the best service possible; however, please be aware that the KiteLens service is provided on an "as is" and "as available" basis, without any form of explicit or implied warranty. You use the KiteLens service at your own risk. KiteLens and the owners of the content expressly disclaim all warranties, whether of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Furthermore, neither KiteLens nor any content owner guarantees that the service will be free of malware or other harmful components.
Additionally, KiteLens does not endorse, warrant, or take responsibility for any third-party applications, user content, or any other product or service advertised or offered through the KiteLens service or any linked websites. Transactions you enter into with any third-party provider of goods or services are solely between you and such provider. As with any purchase, you should use your judgement and exercise caution as necessary. KiteLens does not provide warranties for any advice or information received through the service, and this disclaimer may not apply in jurisdictions where prohibitions on implied warranties are not allowed.
This does not impact your statutory rights as a consumer.
You agree that, if you are dissatisfied with the KiteLens service, your sole remedy is to discontinue using the service and uninstall any KiteLens software. While KiteLens takes no responsibility for third-party applications or their content, and while your dealings with such third parties may be subject to separate agreements, your only remedy related to such third-party applications or content, to the extent permitted by law, is to stop using them and uninstall them.
Under no circumstances will KiteLens, its directors, officers, employees, agents, shareholders, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of data, profits, or business arising from the use of the KiteLens service, third-party applications, or content thereof, regardless of the legal theory and even if you have advised KiteLens of the possibility of such damages. The total liability of KiteLens related to any claims made in connection with the service, whether in contract, tort, or otherwise, will not exceed the amount you have paid to KiteLens in the past twelve months, if permissible by applicable law.
You recognize that the content owners and certain distributors, like app store providers, are intended beneficiaries of the Agreements and have the right to enforce these Agreements directly against you. The Agreements are primarily for the benefit of you and KiteLens and do not confer any rights to any other person except as explicitly stated in this section. The ability to terminate, amend, or waive any provision of the Agreements does not require the consent of any person other than KiteLens.
If any provision of these Agreements is found to be invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability will not affect or invalidate the remaining provisions. Instead, those provisions will remain in full force and effect, and the application of such provisions will be enforced to the maximum extent permitted by law. Any failure by KiteLens or any entitled third party to enforce these Agreements or any provision within them does not waive the right to do so later.
KiteLens reserves the right to assign these Agreements or any portion thereof, and to delegate any of its responsibilities under these agreements. You are not permitted to assign these Agreements or any part of them, nor to transfer or sublicense your rights under these Agreements, to any third party without explicit permission.
You agree, to the extent permitted by applicable law, to indemnify and hold harmless KiteLens from any damages, losses, and expenses of any kind (including reasonable legal fees and costs) that arise from: (1) your violation of this Agreement; (2) any User Content you provide; (3) your activities in connection with the KiteLens Service; and (4) your infringement of any law or the rights of a third party.
Choice of Law, Mandatory Arbitration, and Venue
Governing Law/Jurisdiction: The Agreements, including any non-contractual disputes or claims arising from them, are governed by the laws of Bulgaria, without regard to its conflict of law principles, and will be adjudicated by the city judge in the jurisdiction where KiteLens's headquarters are located, unless a specific mandatory law requires otherwise.
KiteLens does not recognize any external codes of conduct as mandatory regarding the services provided under this agreement.
In accordance with applicable law, you and KiteLens agree that any claims against each other will be brought individually and not as a plaintiff or class member in any purported class or representative action. Unless mutually agreed, no arbitrator or judge is permitted to consolidate more than one person's claims or oversee any form of a representative or class proceeding.
For any inquiries related to the KiteLens Service or the Agreements, please reach out to our customer service via the "About Us" section on our website.
We thank you for reviewing our Terms and hope you enjoy your experience with KiteLens!
The following terms and conditions are integral to the KiteLens terms and govern your use of the KiteLens Site, Application, and Services, forming a binding legal agreement between you and KiteLens Legal Entity.
By using KiteLens, you acknowledge and confirm your understanding and agreement to be bound by these terms. If you do not accept these terms, you are not permitted to access or use KiteLens.
KiteLens reserves the right to modify or terminate the Payment Terms at its discretion, without prior notice. Any changes will be posted on the Site or communicated through the Application, and we will update the "Last Updated" date accordingly. By continuing to use the Payment Services following these updates, you accept the revised terms. If you do not agree with the modified terms, your sole recourse is to stop using the Payment Services.
The Payment Services are exclusively for individuals who are 18 years of age or older. Use of the Payment Services by anyone under 18 is strictly prohibited. By using the Payment Services, you represent that you meet this age requirement.
To utilise the Payment Services, you must first register and create a KiteLens Account. You agree that any individual you authorise to use your KiteLens Account may operate it on your behalf, and you are responsible for all actions taken by such individuals.
You permit KiteLens, either directly or through third parties, to make any inquiries deemed necessary to verify your identity and prevent fraud. This may involve providing government identification, verifying your date of birth, and other steps to confirm ownership of your email and payment methods, or screening your information against third party databases. Additionally, KiteLens may request a consumer report on you as per applicable law. KiteLens reserves the right to close, suspend, or limit access to the Payment Services if it is unable to verify this information.
Payment Method: This refers to any payment method you've added to your KiteLens Account, such as a credit card, debit card, or PayPal.
Payout Method: This refers to any payout method you've designated in your KiteLens Account for collecting any available KiteLens CREDIT, such as PayPal, direct deposit, or a prepaid card.
Appointment as Limited Payment Collection Agent: Each user appoints KiteLens as their limited payment collection agent solely for accepting fees from transactions made by other users purchasing "User Content." Payments made through KiteLens are considered as direct payments to the user. KiteLens, in this role, assumes no liability for the acts or omissions of the buying user.
You recognize and accept that although KiteLens is not directly involved in the sales agreement between you and the selling user, KiteLens serves as the payment collection agent on behalf of the selling user for the sole purpose of receiving your payments. Once you pay the total fees to KiteLens, your financial obligation to the selling user for the content purchasing fees is considered fulfilled. KiteLens is then responsible for disbursing the purchasing fees, minus any system transaction fees and applicable taxes like VAT in Europe, as outlined in these terms. Should KiteLens fail to disburse these amounts as described, you, the buying user, will have recourse only against KiteLens.
As a buyer, you consent to KiteLens charging your payment method for the total fees associated with any content purchases made through your KiteLens account. Typically, KiteLens collects these total fees once your order is confirmed and the payment transaction is validated.
During the content purchasing process, you will need to provide standard billing details such as your name, billing address, and payment method information, which may be processed by KiteLens or a designated third-party payment processor. You agree to fulfil payment for any verified purchases linked to your KiteLens account in line with these terms using the supported payment methods on the site or application, such as PayPal, credit card, or debit card. You authorise the collection of these amounts through the payment method you provide during the download request process, whether this transaction is processed directly by KiteLens or indirectly through a third-party payment processor.
Please be aware that KiteLens does not control any fees that might be charged by banks to the buying or selling user related to the collection of total fees, and KiteLens disclaims all liability concerning such fees. Additionally, your chosen payment method may be governed by additional terms and conditions imposed by the relevant third-party service provider; reviewing these terms and conditions before using your payment method is advisable.
KiteLens collects purchasing fees as stipulated by the terms. Where applicable, KiteLens may also levy taxes (such as VAT in Europe) related to the system transaction fees withheld by the system. KiteLens subtracts these system transaction fees from the total amount owed for a content purchase and displays the net amount due to the users in the Virtual Wallet before distributing the balance to the user as specified in these terms.
The balances are transferred to users via the payout method they select in their preferred currency ($ or €), based on their choices within the site, application, and services. Amounts may be adjusted up or down as specified in the "Rounding Off" section.
All users agree that the remittance of collected fees will become available after a period dictated by the payment provider's policies. This period may vary by user and over time but can extend up to one month. Generally, the more experienced a user is, the quicker they can access their funds.
KiteLens reserves the right to adjust amounts payable by or to buyers and sellers, rounding them up or down to the nearest whole unit of the currency in use (for example, rounding $101.50 up to $102.00 and rounding $101.49 down to $101.00), based on its sole discretion.
Should any errors in payment processing occur, KiteLens will endeavour to correct these by crediting or debiting (as appropriate) the same payment method or payout method originally used, ensuring you receive or pay the correct amount.
You grant KiteLens permission to store your payment method details and to charge your designated payment method as described in these terms. Should there be any changes to your payment method’s account number or expiration date, such as with credit cards or debit cards, we may obtain this updated information from our financial services partners and update your payment method details stored in your KiteLens Account.
You acknowledge your responsibility to comply with all applicable laws, rules, regulations, and tax obligations when using KiteLens’s Payment Services. In using these services, you agree not to:
You agree that your personal information is managed according to the KiteLens Privacy Policy, which may be updated periodically.
Specific Terms Regarding KiteLens Virtual Wallet and Credit
KiteLens uses Stripe integration to pay users after each sale. Such payouts are managed by Stripe and will be present in users' wallets, with the ability to transfer to other bank accounts after a certain period of time determined by Stripe. Stripe reserves the right to determine the payout time and KiteLens is not responsible for any delays.
KiteLens reserves the right to limit access to your account and any associated Payment Services at our discretion, without any liability to you. This action can be taken with or without cause, with or without notice, at any time as we see fit.
We hold intellectual property rights in high regard and expect the same adherence from our users. If you are a copyright holder or an authorised agent and suspect that any content directly available through KiteLens infringes upon your copyrighted materials, please do not hesitate to contact us. You can report alleged infringements to our designated copyright agent at the address provided: